# Mental Capacity Act 2005, Section 44: Ill-treatment or neglect

Extent: E+W

(1) Subsection (2) applies if a person (“D”)—
(a) has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity,
(b) is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or
(c) is a deputy appointed by the court for P.
(2) D is guilty of an offence if he ill-treats or wilfully neglects P.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

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Source: https://www.legislation.gov.uk/ukpga/2005/9/section/44 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/section-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.